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Apr 22, 2013
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authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case will be made based on videotapes and civil evidence. there are two elements to every crime. that is the crime itself which they have no problem proving and the intention. now, in order to get the death penalty, they have to prove a terrorist intention. in order to do that, they may get the information from him without having mirandized him and that information may get kept out of a trial. they may have blown the death penalty by not giving him his miranda warnings. >> we talk about public exception, the questioning is limited in scope. do you think there's pot
authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case...
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Apr 22, 2013
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, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any statements of confessions or intention in order to preserve the greater good of getting realtime intelligence information. >> and public safety which cannot be discounted at this time, that fruit of the poisonous tree so critical in this investigation. alan and jeffrey, standby if you will. we're going to delve a lot deeper into the details in the hour ahead. and also within the past hour a funeral mass concluded for one of the three people who was killed in last week's explosions. there were a lot of mourners packing into st. joseph's church in the boston suburb
, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any...
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Apr 20, 2013
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once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still hearing me, pete? nope. >> oh, there i hear you now. sorry. i hear you now. >> oh, you can hear me now. little bit of technical difficulty. but it's the kind of thing that asking for forgiveness. i guess i ask from a broader justice perspective. if he does cooperate, despite the heinous nature of the activities that he will, in all likelihood be accused of, murder, the mayhem, the terrorism in the bombing of the boston marathon, is there anything for him to be gained from a legal perspective by cooperation? >> well, he avoids the death penalty. which -- well although in the federal case, i'm not sure about th
once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still...
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Apr 21, 2013
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and this morning the aclu is reacting to no miranda rights red to the suspect. he should be told of his right to silence or right to an attorney, but the aclu says that the public safety exception should be read narrowly and denying miranda rights is un-american. our expert ted smeltzer says that the first thing they will do is find out the motive. >> is this a wayward nut like columbine or some of the school shooters apparently have been, or what is the linkages, and who is this guy linked up to. >> most experts believe the case will be tried in federal court, and pros ecutors will charge hi with use of weapons of mass destruction which could make the case eligible for capital punishment. the suspect is held in the same hospital as some of the victims. more than 180 people were hurt in those explosions, and some are in critical kn dirks and some of the stories trickle out. her son lost a leg. >> it is a nightmare. running back and forth to each of them and they are hurt and sick as they r and i could not be at both places at the same time, so it is a nightmare.
and this morning the aclu is reacting to no miranda rights red to the suspect. he should be told of his right to silence or right to an attorney, but the aclu says that the public safety exception should be read narrowly and denying miranda rights is un-american. our expert ted smeltzer says that the first thing they will do is find out the motive. >> is this a wayward nut like columbine or some of the school shooters apparently have been, or what is the linkages, and who is this guy...
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Apr 16, 2013
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custody there are situations now where a lot of people would say, you don't need to read miranda rights right away. this decision -- if a very strong suspect is picked up or somebody could provide significant information, i think that decision, whether or not to mirandize could be -- >> presumably as the fbi is going through this, they are looking to make sure there are no secondary attacks, first priority, right, imminent threat. >> absolutely. >> and second of all, to make sure they maintain the possibility of ultimately getting criminal conviction? >> absolutely. >> joining us is an eyewitness to the bombing. he ran the marathon and was in the medical tent when the explosions happened. joining us by phone from boston. describe what you were doing in the medical tent at what time and what the scene there was like. >> yeah. the first thing, this was wave three, so i was running -- i was a charity runner, so we started at approximately 10:40 a.m. then i finished just under four, my first under four, thus i pushed pretty hard mile 25 and 26. that means i was pretty winded, dizzy and felt
custody there are situations now where a lot of people would say, you don't need to read miranda rights right away. this decision -- if a very strong suspect is picked up or somebody could provide significant information, i think that decision, whether or not to mirandize could be -- >> presumably as the fbi is going through this, they are looking to make sure there are no secondary attacks, first priority, right, imminent threat. >> absolutely. >> and second of all, to make...
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Apr 21, 2013
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investigators did not read him his miranda rights when he was captured. they invoked what they call the public safety exception. it permits law enforcement officials to interrogate a suspect and use that information as direct evident in court, and that is causing some controversy out there. let's talk about that. we'll talk about that in a few moments. also want to talk about other issues. joining us, former u.s. attorney doug jones who led the prosecutor against eric ruduffel, the 1996 atlanta olympic bomber. thank you for joining us. first of all, let's talk about this video. this video that has now surfaced that cnn has confirmed, a well known jihadist in dagestan who himself was killed in december, the video was posted on tamerlan tsarnaev's youtube channel. since then, it's been deleted. what does that say, if you're a u.s. attorney investigating this case, what does that say to you? >> well, wolf, i think it would be one of two things. there obviously could be some contact since he traveled over that way. there could have been some contact. there co
investigators did not read him his miranda rights when he was captured. they invoked what they call the public safety exception. it permits law enforcement officials to interrogate a suspect and use that information as direct evident in court, and that is causing some controversy out there. let's talk about that. we'll talk about that in a few moments. also want to talk about other issues. joining us, former u.s. attorney doug jones who led the prosecutor against eric ruduffel, the 1996 atlanta...
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Apr 17, 2013
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obviously they're going to question this suspect, they'll read the miranda rights and all of that. they're going to try to find out if this individual who has now been arrested acted alone as a so-called lone wolf or was part of some broader conspiracy, walk us through what the fbi is about to do. >> sure. well, wolf, they will -- they will take him into custody, they will give him his miranda rights because they want to be sure any statement the individual may make is admissible in court during the prosecution. if the individual agrees to talk, there will be -- they will take a statement and they will also likely confront him with forensic evidence and things that they have learned, photographs, they will ask him to identify how he constructed the bomb, how he knew to construct the bomb, who, if anyone, he worked with, who he communicated with, they'll want to -- they will want to make sure to take when he's arrested any cell phones, blackberries, pocket litter, pieces of paper, notebooks he may have on him and they'll want to have him retrace for them his steps. they will then se
obviously they're going to question this suspect, they'll read the miranda rights and all of that. they're going to try to find out if this individual who has now been arrested acted alone as a so-called lone wolf or was part of some broader conspiracy, walk us through what the fbi is about to do. >> sure. well, wolf, they will -- they will take him into custody, they will give him his miranda rights because they want to be sure any statement the individual may make is admissible in court...
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Apr 22, 2013
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they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy combatants. did he a crime on u.s. soil. >> peter king said this. >> i believe -- should be portrayed as enemy combatants. senator mccain, senator graham, senator ayotte, there are so many questions unanswered so many potential links to terrorism here. the battlefield is now in the united states. i believe he is an enemy combatant. ultimately, he will be tried in a civilian court and the statements taken from him cannot be used against him in that trial. right now, the only links we have as much as chechnyan involvement in the islamic movement. are there other conspirators out there? where do th
they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy...
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Apr 22, 2013
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should he be given miranda rights? should he be treated as an enemy combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as lindsey graham are -- we understand, they say, we understand he's going to be tried in civilian court but start the questioning -- treat him as an enemy combatant under the law of war. question him by intelligence people. get all the intel you can. then turn him over to the civ civilian authorities. that's what they advocate. that's not going to happen, the administration has decided. he'll be questioned first by this special group set up in the last couple of years in terror cases called the high value detainee interrogation group, fbi cia, dod. they don't have a long time to do that
should he be given miranda rights? should he be treated as an enemy combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as...
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Apr 20, 2013
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it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrogating this guy? >> well, during this period of the public safety exemption,
it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say...
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Apr 21, 2013
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they will question him without giving him a miranda warning. r they don't have a long time to do that, probably no more than a day or so. then he'll be begin his miranda warning and we'll see if he continues to talk. in other terrorism cases, surprisingly, these people do keep talking. >> mike rogers, chairman, do you have a view how he should be treated in the criminal justice system? or should he be an enemy combatant? >> he's a citizen of the united states. i think that brings all of those protections of the u.s. constitution. under the public safety exception, however, i do believe that the fbi has a period of time to try to determine what threats are there today. we don't know if there are other devices, if there's other people, and mirandizing him up front would be a horrible idea. now, it's my understanding that that's not going to happen. i had good conversations with the fbi. they are going to do their due diligence on the public safety portion. here is where the problem is. they're getting pressure from outside groups to actually do t
they will question him without giving him a miranda warning. r they don't have a long time to do that, probably no more than a day or so. then he'll be begin his miranda warning and we'll see if he continues to talk. in other terrorism cases, surprisingly, these people do keep talking. >> mike rogers, chairman, do you have a view how he should be treated in the criminal justice system? or should he be an enemy combatant? >> he's a citizen of the united states. i think that brings...
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in terms of what he is waiting for from his miranda. you know it from "law and order." you have the right to remain silent. you have the right to consult an attorney before speaking to the police. if you cannot afford an attorney one will be appointed for you before any questions if you wish. if you decide to answer any questions without an attorney you will still have the right to stop answering. are you willing to answer my questions without an attorney present? it's not always exactly like that and in the movies the person saying it usually has a much cooler accent but that's pretty much the idea. your statements are only admissible in court if they come after you've been told that list of things about your rights. there is a public safety exception for questions that just had to be asked of you urgently for legitimate public safety need even if those questions came before you got read the miranda. the obama administration has extended the reach of that public safety exemption so it can last longer to attend to the public safety threats that could accrue in terrorism
in terms of what he is waiting for from his miranda. you know it from "law and order." you have the right to remain silent. you have the right to consult an attorney before speaking to the police. if you cannot afford an attorney one will be appointed for you before any questions if you wish. if you decide to answer any questions without an attorney you will still have the right to stop answering. are you willing to answer my questions without an attorney present? it's not always...
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Apr 21, 2013
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within 10 hours he was read his miranda rights. critics on capitol hill say the intelligence community was unable to fine him for information as to how the empty developed. the underwear bomber eventually convicted and in super max prison in colorado. harris? >> harris: federal authorities tried to sake him alive unlike his brother who published in thy were really trying hard. why is it difficult to get that designation as an enemy combatant? >> well, for one, he's an american citizen. by law he can't be sent to guantanamo bay, can't be tried in a military commission. there are cases where americans were deemed enemy combatants and tried to federal court. jose padilla for one. in the case of dzhokhar tsarnaev authorities have not found a link to an al-qaeda-linked group, and therefore no court in the u.s. would necessarily uphold the president as commander in chief as designating him an enemy combatant. legally this would be shaky, i'm told, by experts. even if the alleged bomber is deemed an enemy combatant, he still has a right t
within 10 hours he was read his miranda rights. critics on capitol hill say the intelligence community was unable to fine him for information as to how the empty developed. the underwear bomber eventually convicted and in super max prison in colorado. harris? >> harris: federal authorities tried to sake him alive unlike his brother who published in thy were really trying hard. why is it difficult to get that designation as an enemy combatant? >> well, for one, he's an american...
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is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will have to be mirandized, doesn't mean the end of cooperation, but no basis yet to conclude they should be treated at enemy combatants. we're talking about an american citizen on american soil. there's no evidence that i've seen yet that they were a part of an al qaeda cell or directed by a foreign government. we're very far afield from a situation which is sort of the paradigm for enemy combatant status. that is, someone captured on the balg battlefield in a theater of war. resist these charges as an enemy combatant. the court has proven capable
is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will...
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Apr 20, 2013
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dzhokhar tsarnaev will not be read his miranda rights before he's questioned. once he's physically able to answer questions. as far as we know, he's still in too bad of shape to answer law enforcement questions at all. in terms of what he is waiting for, for his miranda, you know it from law and order, right? you have the right to remain silent, anything you say or do may be used against you in a court of law, you have the right to consult an attorney and to have an attorney present during questioning. if you cannot afford an attorney, one will be appointed for you before any questioning if you wish. if you decide to answer any questions without an attorney present, you have the right to stop answering at any time until you talk to an attorney knowing and understanding your rights as i explain them to you, are you willing to answer my questions without an attorney present. it is not always exactly like that. in the movies, the person saying it usually has a much cooler accent. but that's pretty much the idea. the idea is that your statements are only admissible
dzhokhar tsarnaev will not be read his miranda rights before he's questioned. once he's physically able to answer questions. as far as we know, he's still in too bad of shape to answer law enforcement questions at all. in terms of what he is waiting for, for his miranda, you know it from law and order, right? you have the right to remain silent, anything you say or do may be used against you in a court of law, you have the right to consult an attorney and to have an attorney present during...
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but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of relief and gladness and happy for all of tholce who are involved. i have a cold, and i took nyquil, but i'm still "stubbed" up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] it doesn't have a decongestant. no way. [ male announcer ] sorry. alka-seltzer plus fights your worst cold symptoms plus has a fast acting decongestant to relieve your stuffy nose. [ sighs ] thanks! [ male announcer ] you're welcome. that's the cold truth! [ male announcer ] alka-seltzer plus. ♪ oh what a relief it is! ♪ [ male announcer ] to learn more about the cold truth and save $1 visit alka-se
but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of...
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controversial move, the justice department plans to begin questioning tsarnaev before reading him his miranda rights, saying investigators need immediate information on any attacks that may be in the works. the pressure is on to learn exactly where this trail of bloodshed began. >> reporter: this is jim axel rod in boston. for those who knew the tsarnaev brothers, the questions are personal. >> who would do something like this? >> not him. reporter: larry aaronson was once a teacher at the high school the younger brother, dzhokhar attended. >> i know this kid to be compassionate. i know this kid to be forth coming. he's a great athlete. he's a sportsman. he's never been in trouble. >> reporter: the two brothers who are ethnic chechens came to the u.s. with their family a decade ago. facing the vicious fighting... escaping the vicious fighting between the government and the largely chechen rebel. dzhokhar who became an american citizen on september 11 of last year is 19 years old. he was a student at the university of massachusetts dartmouth. his older brother tamerlan was 26 years old, marrie
controversial move, the justice department plans to begin questioning tsarnaev before reading him his miranda rights, saying investigators need immediate information on any attacks that may be in the works. the pressure is on to learn exactly where this trail of bloodshed began. >> reporter: this is jim axel rod in boston. for those who knew the tsarnaev brothers, the questions are personal. >> who would do something like this? >> not him. reporter: larry aaronson was once a...
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so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst, peter bergen, joining us. peter has written extensively on al qaeda and osama bin laden. peter, i appreciate you joining us. what are the questions that you are most interested in learning about these two, in particular about motivation and their operational capability? >> well, first of all, anderson, i think it's very interesting that they were able to detonate two bombs almost simultaneously. i think that's pretty hard. it suggests either practice in the united states or training elsewhere or perhaps both. we've had terrorists who have gone overseas who have tried to d
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst,...
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Apr 23, 2013
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his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get out of the hospital later than many of his victims that are also here recovering. greta? >> adam, in terms what have went down before he was mirandized, was he interviewed by the fbi or anybody in the last couple of days since he was taken into custody? did he give him information that they considered valuable and helpful? >> reporter: we learned a cowl of things. 1; yes, there were questions asked of him. the first few hours if not more than that, they were worried about making sure should thguy survives. he got here on friday night in pretty bad condition. he bled from injuries nearly 20 hours. he was obviously in rough condition. so the number-1 priority was to make sure he survived to get information from him. questions were asked of him before he was mirandized. they haven't said of course, they are not going to give away what he said. i did talk to on
his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get out of the hospital later than many of his victims that are also here recovering. greta? >> adam, in terms what have went down before he was mirandized, was he interviewed by the fbi or anybody in the last couple of days since he was taken into custody? did he give him information...
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Apr 22, 2013
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and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have outside help, do you think? >> that's an excellent question. i'm sure in the coming days and weeks, law enforcement, the press will uncover virtually every aspect of the lives of these individuals, including the answer to that question. i do know that it is relatively and probably shockingly easy to assemble the components to make a bomb from things you can obtain in the united states. and there are terrorist organizations overseas that have instructions online for how to do that. and so it's something that we ought to look carefully at from the law enforcement p
and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have...
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Apr 23, 2013
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and his miranda rights were read to him. there was reporting if they weren't going to, but they decided to read him his miranda rights and those were given to him today as well. the security here is still very tight. what is interesting is he potentially might get out of the hospital later than many of his victims that are here also recovering. greta. >> adam, in terms of what went down before he was mirandized, was he interviewed by the fbi or by anybody in the last couple days since he was taken into custody? and it he give them information that they considered valuable and helpful? >> we learned a couple of things. yes, there were questions asked of him. the first few hours, if not more than that, obvious think they were making sure he survived so you had that situation. he got here friday night in pretty bad condition. he bled for nearly 24 hours and then the fire fight at the boat. the number one priority for them was to make sure he survived so they could get information from him. questions were asked of him before he
and his miranda rights were read to him. there was reporting if they weren't going to, but they decided to read him his miranda rights and those were given to him today as well. the security here is still very tight. what is interesting is he potentially might get out of the hospital later than many of his victims that are here also recovering. greta. >> adam, in terms of what went down before he was mirandized, was he interviewed by the fbi or by anybody in the last couple days since he...
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he was given his miranda rights. finally they had been put in place. they're going to question him to use that information to collect intelligence so that they protect the rest of us. >> this case seems like a prime candidate for capital punishment. do you think there will be much debate about whether or not he gets the death penalty? >> i sure hope not. he's a poster boy for if. >> how so? >> he used an explosive device. he killed people, he maimed people, he intended to do more. he rings all the bells. >> what if he gives more information about people overseas who they were in could cahoots with? >> you mean cooperates? >> yeah. is that the thing that helps you avoid the death penalty. >> it's one thing that helps you avoid the death penalty. i hope it doesn't get him anything less than life. >> we see this and it sort of reminded me of the dc sniper case in a way. maybe the younger person who was influenced by his older brother. maybe led astray in some capacity. we may uncover that the brother was really the ring leader here, the one who was drivin
he was given his miranda rights. finally they had been put in place. they're going to question him to use that information to collect intelligence so that they protect the rest of us. >> this case seems like a prime candidate for capital punishment. do you think there will be much debate about whether or not he gets the death penalty? >> i sure hope not. he's a poster boy for if. >> how so? >> he used an explosive device. he killed people, he maimed people, he intended...
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but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands of images, finding these two guys. is this a call now for more cameras in big cities? >> certainly. this is an evolution. i'm just back from london, which is probably the most failed city in the -- survveiled city in the world. we're getting money to put coordinated cameras, public safety cameras into new york. holding back most american cities now are funds. they're laying police officers. if they can't hire police, they don't have money for cameras. most of the images i saw related to the identification of these two kids were from private cameras, lord & taylor, diff
but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands...
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he will not be given a miranda warning, won't be told about the right to remain silent. once he is physically able to answer questions, they will begin to answer questions under new federal procedure. mike isikoff is familiar with this as well, he has reported on its development, the government will invoke something called the public safety rule. it is a court ordered, judge made rule that says when there's an imminent threat to public safety, when you need to answer questions to make sure there's no additional threat, nobody else, no co-conspirator, no outstanding plots, you can ask someone questions without miranda warning and answers are admissible in court. nobody knows how long the rule will last, starts to fade the moment you invoke it, probably 48 hours is the outer limit. the questioning will be done once it begins by something called high value detainee interrogation group. this was set up by the government and it consists of members of the fbi, cia and defense department. they'll do the initial questioning. after that 48 hour or whatever how many hours of publi
he will not be given a miranda warning, won't be told about the right to remain silent. once he is physically able to answer questions, they will begin to answer questions under new federal procedure. mike isikoff is familiar with this as well, he has reported on its development, the government will invoke something called the public safety rule. it is a court ordered, judge made rule that says when there's an imminent threat to public safety, when you need to answer questions to make sure...
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so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to justice, and also get the information that may be important to prevent future attacks and also provide answers that may help bring closure to the victims and the families of the victims. you know, there are some challenges, of course, with respect to the designation of enemy combatant. people forget that once that happens, dealing with an american citizen and what he will do is file habeas petition challenging that designation, raising again this question does the president on his own authority can he designate an american citizen enemy combatant which was an issue that came up with al awlaki. wh
so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to...
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the suspect has not been myrrh an di -- mirandaized. and broadly asserted by the obama administration, tonight the president spoke of what appears to be the end of the first chapter of this national episode. >> in this age of instant reporting, tweets and blogs, there's a temptation to latch on to any bit of information, sometimes to jump to conclusions, but when a tragedy like this happens, with public safety at risk and the stakes so high, it's important that we do this right. that's why we have investigations. that's why we relentlessly gather the facts. that's why we have courts. that's why we take care not to rush to judgment, not about the motivations of these individuals, certainly not about entire groups people. >> after a day in which the greater boston area was in lockdown, a virtual ghosttown, nearly as far as we can tell, unprecedented. less than an hour after the curfew was lifted this was the result. >> a man had gone out of his house after being inside the house all day bading by our request to stay inside. he walked outs
the suspect has not been myrrh an di -- mirandaized. and broadly asserted by the obama administration, tonight the president spoke of what appears to be the end of the first chapter of this national episode. >> in this age of instant reporting, tweets and blogs, there's a temptation to latch on to any bit of information, sometimes to jump to conclusions, but when a tragedy like this happens, with public safety at risk and the stakes so high, it's important that we do this right. that's...
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Apr 21, 2013
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the united states attorney's office advised us not to administer miranda rights. we gave that information out to our officers and i think all law enforcement was operating under those rules of engagement. >> back to the apartment real quickly. there were devices found in the apartment but you can't comment on what? >> no, i didn't say that. i can't comment on any evidence that was found there. sglp anything that was found in the apartment. are you confident that these two were acting alone and that there are no more suspects out there? >> i'm confident that they were the two major actors in the violence that occurred. i am very, very sure that during this thorough investigation we'll get to the bottom of the whole plot. that's all i can say right now. i told the people of boston that they can rest easily. the two people who were committing these vicious attacks are either dead or in custody. we cleared dozens of packages that had been dropped by people fleeing the scene. so everything was treated suspiciously. in a situation like this, bombers often target first r
the united states attorney's office advised us not to administer miranda rights. we gave that information out to our officers and i think all law enforcement was operating under those rules of engagement. >> back to the apartment real quickly. there were devices found in the apartment but you can't comment on what? >> no, i didn't say that. i can't comment on any evidence that was found there. sglp anything that was found in the apartment. are you confident that these two were...
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you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken into custody, doesn't that suggest that the public safety exception doesn't kick in, or has been solidified? >> the public safety exception is in no way applicable in this case. that was for a situation where there was a gun in a public place and the police needed to know where it was. they asked the guy they just caught where's the gun before where was the gun? >>> they asked where is the gun. >> be that as it may you have a public defender in boston who is chomping at the bit to appoint a federal judge to defend the suspect. you could reassign a public defender is he or sheable to come in and say i don't want you talking to my client? >> he or she can say that. it's not going to stop this trying to do is to collect intelligence. i'm sure that if that's what they're trying to do, they will simply continue to do it, and gather only intelligence
you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken into custody, doesn't that suggest that the public safety exception doesn't kick in, or has been solidified? >> the public safety exception is in no way applicable in this case. that was for a situation where there was a gun in a public place and the...
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certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john king. >> -- he will either speak to -- >> john, you're hearing more? >> i just want to pass along information from our producer, who says two federal law enforcement officials have confirmed to her they have verified the identity. it is the younger brother, suspect number two, in custody. it is now they say federal officials verified the identity and have no doubt. as i said earlier, a federal official i communicated with said in custody, unspecified medical needs and they are now sweeping that scene to make sure there are no additional risks. >> bri
certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john...
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i'm not quite sure that the whole issue of miranda is even relevant at this point given the fact that they have so much evidence it appears based upon the number of photos and images et cetera, et cetera. but judge, what charges might they file against him? and if this case is brought in federal court and it seems that all indications are that it will be brought in federal court, isn't a federal judge bound by, you know, the federal rules of evidence, delay because they may not be able to talk to this defendant for a month or two because he is so drugged from all of the injuries and would a judge be faced with some of the evidencery issues he would with a regular criminal in a criminal trial? >> the evidencery issues will certainly be the same. so far as delay in charging him, motions will be made. i think i can pretty well guarantee you that they will be denied. >> all right. and then you presided over the blind sheik trial and ended up sentencing him to life in prison. when you did so, we all expect as judges that we sentence someone to life that they will spend their life in prison
i'm not quite sure that the whole issue of miranda is even relevant at this point given the fact that they have so much evidence it appears based upon the number of photos and images et cetera, et cetera. but judge, what charges might they file against him? and if this case is brought in federal court and it seems that all indications are that it will be brought in federal court, isn't a federal judge bound by, you know, the federal rules of evidence, delay because they may not be able to talk...
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there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go ahead and interview the suspect, future defendant without reading his miranda rights. the exception that they are citing is the public safety exception from a 1984 case, where a suspect was arrested after putting a loaded gun somewhere that supermarket. as the police were driving away, they asked him what he did with the gun, and he told them where it was. the police were able to recover a loaded gun. but in that case the danger to the public was immediate. here, i think we're talking about potentially interviewing this guy, the younger brother, when he wakes up in the hospital after the police have been sati
there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go...
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do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just hope they don't go over that line. they have to make sure that they stay in that line you you want any prosecution to hold up. you want this person to be held accountable. >> what about treating him as an enemy combatant? what is your take on that? >> i don't know all the facts here to establish that yet. i'm not sure that most of us that aren't intimately involved with the investigation know all the niceties involved in making that determination. i would hesitate to make a leap to that point without having quite a bit more information. >> massachusetts congressman john tierney. congressman, than
do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just...
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he will not be given a miranda warning, he will not be told about his right to remain silent. once he is physically able to answer questions, they will begin to answer questions under a new federal procedure, and mike isikoff who you were talking to is familiar with this, as well because he's reported on its development. the government will invoke something called the public safety rule. it's a court ordered, it's a judge-made rule that says when there is an imminent threat to public safety, when you need to answer questions to make sure there's no additional threat, nobody else, no co-conspirators, no outstanding plots, you can ask someone questions without giving them a miranda warning and all their answers are still add admissible in court. nobody knows how long the rule will last, starts to fade the moment you invoke it, probably 48 hours is the outer limit. the questioning will be done once it begins by something called high value detainee interrogation group. this was set up by the government and it consists of members of the fbi, cia and defense department. they'll do t
he will not be given a miranda warning, he will not be told about his right to remain silent. once he is physically able to answer questions, they will begin to answer questions under a new federal procedure, and mike isikoff who you were talking to is familiar with this, as well because he's reported on its development. the government will invoke something called the public safety rule. it's a court ordered, it's a judge-made rule that says when there is an imminent threat to public safety,...
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you're seeing that play out in terms that he wasn't read his miranda rights. the difference being they can ask the question, they can get the information they need. but, the information they get, they can't, then, turn around and use against him at a trial. that would have to be gained separately. >> okay, thank you, chris. chris pulling a late shift for us. it was interesting, he said that, well, dzhokhar will, in fact, be a valuable piece of evidence, if you like. really, he was an older bloer. the younger one, i don't know, went aloong for the ride. >> yeah, the older brother, younger brother scenario. how this is sort of reminiscent of the sniper shooting. it was a similar situation. it soernly was a question just floating out there right now. and now that the police work has played off and chris was talking about tonight, as you've been discussing, it's really time to the legal aspect of the marathon bombings. earlier tonight, anderson cooper talked with senior legal analyst, jeffrey toobin. the first thing that will happen will lay out the basics of the
you're seeing that play out in terms that he wasn't read his miranda rights. the difference being they can ask the question, they can get the information they need. but, the information they get, they can't, then, turn around and use against him at a trial. that would have to be gained separately. >> okay, thank you, chris. chris pulling a late shift for us. it was interesting, he said that, well, dzhokhar will, in fact, be a valuable piece of evidence, if you like. really, he was an...
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. >> they can do that at any time even after they read him his miranda rights? >> yes, that's my view. >> so that changes nothing in view of their ability to interrogate? >> what it changes is their ability to question him and use any statement that he makes. that they're not allowed to do. >> he is apparently claiming -- >> they don't need that in this case. they got a mountain of evidence against this guy. >> right. they have testified it seems against him and his brother for the act they perpetrated. >> correct. >> what they will i'm sure be extremely curious to find out if they can is are they part of a wider group of either like-minded individuals who have been coordinating themselves reading stuff on the internet, videos and so on, which apparently is what he's claiming. whether they're attached to anybody in chechnya, for example, or islamic fundamentalist nature, et cetera, et cetera, how far can you go in terms of eliciting that information from somebody like him in his position once he's had his miranda rights read to him as he now has? >> my view is y
. >> they can do that at any time even after they read him his miranda rights? >> yes, that's my view. >> so that changes nothing in view of their ability to interrogate? >> what it changes is their ability to question him and use any statement that he makes. that they're not allowed to do. >> he is apparently claiming -- >> they don't need that in this case. they got a mountain of evidence against this guy. >> right. they have testified it seems...
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. >> the supreme court's case in which miranda gave a course confession. said confessions have to be knowing, meaning you have to tell the person they don't have to confess, they don't have to talk to you. numerous supreme court cases have picked up on this and said the government must always tell you when you're confronted with a government you don't have to speak to the government. protecting the freedom of speech also protects the right to remain silent. but the supreme court said most people don't don't have the right to remain silent. so you, government, fbi or travel cup have to tell whoever you are interrogating they have the right to remain silent. that is what is not being honored, from what we understand. whatever he said could affect other evidence that independently obtained. it is risky not to read miranda rights and a violation of the constitution not to do so. so the government treads in danger when they try to strike information and somewhere we will not use that against the defendant. tracy: the emotional side of me says too bad. speak of
. >> the supreme court's case in which miranda gave a course confession. said confessions have to be knowing, meaning you have to tell the person they don't have to confess, they don't have to talk to you. numerous supreme court cases have picked up on this and said the government must always tell you when you're confronted with a government you don't have to speak to the government. protecting the freedom of speech also protects the right to remain silent. but the supreme court said most...
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i would say this from the standpoint of a miranda case. the purpose from miranda in part is to keep someone from being coerced and incriminating himself. that ship's sailed. nobody needs any testimony from the murderer about his culpabili culpability. we should put this in perspective. this man is clearly guilty. there is no problem, you know. the miranda rights is anything you say can be held against you. he doesn't have to say anything. they can be held against him and his vicious deeds. this is in a vacuum. i don't think it's going to make much of a difference. >> on the other side, councilman, i'm sure you're not surprised, the aclu says, look, how heinous the crime you don't put aside your rules and regulations that are in place, and so that's one side of it. the other side of it, which goes even further than this public safety exception is the four members of the u.s. senate. you have peter king, the congressman, who are saying, forget that. he should be treated as an enemy combatant. should it go that far? >> no. by the way, i am su
i would say this from the standpoint of a miranda case. the purpose from miranda in part is to keep someone from being coerced and incriminating himself. that ship's sailed. nobody needs any testimony from the murderer about his culpabili culpability. we should put this in perspective. this man is clearly guilty. there is no problem, you know. the miranda rights is anything you say can be held against you. he doesn't have to say anything. they can be held against him and his vicious deeds. this...
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but also on the same time now we have a suspect who already was read his miranda rights. he already have a lawyer present. and i don't think that should affect any trained interrogator, any trained interviewer in doing their job. we have been doing this for many, many years. we did it against terrorist suspects, organized crimes, people who are charged with treason, spies, and it always worked, and it always gets the intended results. >> in terms of this breaking news that we've just got tonight. again, this is a senior government official saying that the initial interrogation of dzhokhar tsarnaev in his hospital bed, he says that he and his brother were not in touch with any overseas terrorists or groups. they conceived the attack on their own, motivated he told them by religious fervor. that's the language that i have been given. how -- how should that be approached in terms of strategically trying to unwind any threats that might exist beyond these young men? they're saying they acted alone. but presumably, the thing that made them want to do this could make other peop
but also on the same time now we have a suspect who already was read his miranda rights. he already have a lawyer present. and i don't think that should affect any trained interrogator, any trained interviewer in doing their job. we have been doing this for many, many years. we did it against terrorist suspects, organized crimes, people who are charged with treason, spies, and it always worked, and it always gets the intended results. >> in terms of this breaking news that we've just got...
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h these questions can be maintained if he does not get his miranda rights. that is going to expire in will 48-hours. >> he says the agency is getting a lot of outside pressure to mir ran dies him. mir ran dieing him may jeopardize what they can use for him in court. they should hold off as long as possible to gter as much information as possible. >>> time now for your 5@5:00. 5 people are dead after a shooting in an apartment complex in seattle including a suspect. police responded to a shooting in federal way when two men were injured in a parking lot. officers moved to assist them. that's when they opened fire. a man and a woman also found dead inside of an apartment. there's no word on what sparked the shooting. >> four more victims have been identified from the deadly fert liedzer plant explosion. among them two brothers doug and robert newcastle both firefighters. >> both brothers were ready to serve neighbors in their time of need. they were the first in the emergency situation. robert and doug were more than just brothers. they were lifelong best frie
h these questions can be maintained if he does not get his miranda rights. that is going to expire in will 48-hours. >> he says the agency is getting a lot of outside pressure to mir ran dies him. mir ran dieing him may jeopardize what they can use for him in court. they should hold off as long as possible to gter as much information as possible. >>> time now for your 5@5:00. 5 people are dead after a shooting in an apartment complex in seattle including a suspect. police...
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don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably see the rand pauls, the far right come around and defend his rights and vice versa, but this is something that we saw fought over time and time again when george bush was president. ironically, three republican senators or at least the two, mccain and graham were defending the liberal point of view saying don't torture. >> the argument, should the suspect be treated as part of al qaeda and taliban basically. it was authorization for use of force. the question is does it even apply? >> right. >> and will it matter. and then the other question you're going to get to is if we had been warned by t
don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably...
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>> there are reports there was no miranda giving. they were claiming public safety kpenls. >> there is a public safety exemptions in days of national security and charges involving acts of terrorism. the government has that opportunity right now. i believe the suspect has been taken to a hospital. thank you. >> what's the federal death count? >> this is still an active, on going investigation. we'll review all of the evidence before that kind of decision is made in terms of whether or not to seek the death penalty you review all of the evidence. it's a very thoughtful, long process that is engaged. it's the attorney general of the department of justice that makes the final decision. >> commissioner -- >> i'm sorry. >> -- straight to the boat. can you or the colonel talk about what happened. was he moving around? how did you know it was a chance to take him into custody? >> we know he didn't go straight to the boat. when we set up the perimeter with the best intentions with a lot of information, we found blood in the car he abandoned,
>> there are reports there was no miranda giving. they were claiming public safety kpenls. >> there is a public safety exemptions in days of national security and charges involving acts of terrorism. the government has that opportunity right now. i believe the suspect has been taken to a hospital. thank you. >> what's the federal death count? >> this is still an active, on going investigation. we'll review all of the evidence before that kind of decision is made in terms...
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. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states,
. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over....
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he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as a home health care aide. while she was away, he was supposedly taking care of the three-year-old toddler. >>gretchen: she had totally changed who she was. many people allege she had been brain washed by this radical islam thought, that she was a christian before, and three years ago she decided to convert. but not only just convert; really get into the depths of it and change exactly who she was. we saw her there in the garb. people who knew her in high school said she was nothing like she was before. she dropped out of college. she had aspired to become somebody and decid
he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as...
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Apr 22, 2013
04/13
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we now that dzhokhar, suspect number two, has been read his miranda rights. sow won't be designated as an enemy combatant. but if he was labelled an enemy combatant, he wouldn't have been entitled to a lawyer and a jury trial. they could have asked him a lot of other questions without a lawyer present that may or may not be relevant to national security. now why did they make this decision not to go for enemy combatant status? do they think they have so much evidence in this case that they can go ahead with the civilian jury trial and they don't need to hide behind enemy combatant? >> i think that is certainly part of it. it does look like an overwhelming body of evidence. more than that, they thought they could get the immediate information they needed by the miranda exception, the public safety exception so they could make sure the public was safe. there accident seem to be an constitution aal basis to treat someone that commits a crime like this on our soil. the supreme court has upheld treating an american, the american taliban hamdi captured in afghanist
we now that dzhokhar, suspect number two, has been read his miranda rights. sow won't be designated as an enemy combatant. but if he was labelled an enemy combatant, he wouldn't have been entitled to a lawyer and a jury trial. they could have asked him a lot of other questions without a lawyer present that may or may not be relevant to national security. now why did they make this decision not to go for enemy combatant status? do they think they have so much evidence in this case that they can...